Agenda - Council - 03/28/1989 - Laserfiche WebLink

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466 Minn. 249 NORTH WESTERN [4] The other main issue raised by de- fendant is whether as a matter of law there was insufficient evidence that he used force or threatened to use force to overcome the victim's resistance. The specific act al- legedly committed by defendant was taking the victim's wallet. The victim testified that in taking the wallet defendant grabbed him and pushed him, causing him to fall. This testimony was sufficient on this point. See, Advisory Committee Comments to Minn. St, 609.24, 40 M.S.A.p. 283. ' Affirmed. Valerian L. POLMAN, et al., petitioners, Appellants, V. CITY OF ROYALTON, et 'al., Respondents. No. 46688. Supreme Court of Minnesota. Jan. 7, 1977. Unsuccessful for an off-sale liquor license petition for writ of mandamus di- recting city to. issue license. The District Court, Morrison County, Gaylord A. Saetre, J., entered judgment denying relief and the petitioners appealed. The Supreme Court held that the city council's action in denying license on ground that the three existing establishments fulfilled needs of community and overtaxes city's limited traffic and law enforcement facilities was reasonable. Affirmed. ' 1. Intoxicating Liquors ¢=~69 City council is vested with broad discre- tion in determining whether to issue liquor license. REPORTER, 2d SERIES 2. Intoxicating Liquors ~:~74 Decision to grant or refuse application for liquor license cannot be controlled by mandamus unless city council has acted ar- bitrarily, capriciously or unreasonably. 3. Intoxicating Liquors ~71 City council has power to refuse liquor license or to limit number of licenses to be granted when in judgment of council, wel- fare of city suggests such action. 4. Intoxicating Liquors ~:,71 Action of city council in denying off- sale liquor license to otherwise qualified applicants on ground that the three existing establishments with liquor licenses fulfilled needs of community and overtaxed city's limited traffic and law enforcement facili- ties was reasonable. M.S.A. § 340.11, subd. 13. Rinke, Noonan, Grote & Smoley and Wil- liam A. Smoley, Sauk Rapids, for appel- lants. Gordon Rosenmeier and John E. Simo- nett, Little Falls, for respondents. Considered and decided by the court without oral argument. PER CURIAM. Valerian and Patricia Polman seek re- view of the order of the District Court, Morrison County, which denied their peti- tion for writ of mandamus directing the city of Royalton to issue to them an off-sale liquor license. It is conceded that they were in all matters qualified for the license aml that thc city of Royalton had authority under Minn.St. 340.11, subd. 13, to issue the license. By affidavit, the city averred that the license application was denied for the good of the city because, in the judgment of the majority of the city council members, the three existing establishments with liquor licenses fulfilled the need of the community and overtaxed the city's limited traffic and law enforcement facilities.